POLICE POWERS AND RESPONSIBILITIES (MOTOR VEHICLE IMPOUNDMENT) AND OTHER LEGISLATION AMENDMENT ACT 2013 NO. 15

Table of Provisions

• 1 Short title
• 2 Commencement
Part 2--Amendment of Police Powers and Responsibilities Act 2000
• 3 Act amended
• 4 Amendment of ch 4, hdg (Motor vehicle impounding powers for prescribed offences and motorbike noise direction offences)
• 5 Amendment of s 69 (Definitions for ch 4)
• 6 Amendment of s 69A (Meaning of type 1 and type 2 vehicle related offences)
• 7 Omission of s 70A (References to type 2 vehicle related offences including the same kind)
• 8 Amendment of s 71 (When a person is charged for this chapter in relation to a prescribed offence if a proceeding for the offence is started by notice to appear or arrest)
• 9 Insertion of new s 71A
10. Amendment of s 72 (Punishment under this chapter is in addition to other punishment for the same offence)
• 11 Omission of ch 4, pt 1, div 3 (Application of chapter 4 to type 2 vehicle related offences)
• 12 Replacement of ch 4, pt 2, hdg (Impounding motor vehicles)
• 13 Replacement of ch 4, pt 2, div 1, hdg (Impounding powers and duties after impounding)
• 14 Replacement of s 74 (Impounding motor vehicles)
• 15 Insertion of new ss 74A and 74B
16. Insertion of new ch 4, pt 2, divs 1A, 1B and 1C
• 17 Insertion of new ch 4, pt 2, div hdg
• 18 Amendment of s 75 (Particular powers for impounding motor vehicles)
• 19 Amendment of s 76 (Duties of police officer after impounding motor vehicle)
• 20 Amendment of s 77 (Police officer may authorise tow)
• 21 Replacement of s 78 (Impounding notice for vehicle related offence)
• 22 Omission of s 79 (Impounding notice for motorbike noise direction offence or motorbike noise order offence)
• 23 Omission of ch 4, pt 2, divs 2 and 2A
• 24 Insertion of new ch 4, pt 2, div 2
• 25 Insertion of new ch 4, pt 2A
• 26 Replacement of ch 4, pt 2A, div 3, hdg (Notice requirements for motorbikes impounded for motorbike noise direction offences)
• 27 Omission of ch 4, pt 2A, div 4, hdg (Notice requirements for motorbikes impounded for motorbike noise order offences)
• 28 Amendment of ch 4, pt 3, hdg (Obtaining impounding orders)
• 29 Omission of ch 4, pt 3, div 1, hdg (Impounding order application provisions)
• 30 Omission of ss 85 and 85A
31. Omission of ch 4, pt 3, div 2, hdg (Orders if offence not decided)
• 32 Omission of ss 87 and 87A
33. Omission of ch 4, pt 3, div 3, hdg (Advice of date of hearing)
• 34 Amendment of s 89 (Advice to owner of date of hearing)
• 35 Amendment of ch 4, pt 4, hdg (Obtaining forfeiture orders)
• 36 Omission of ch 4, pt 4, div 1, hdg (Forfeiture order application provisions)
• 37 Omission of ss 90 and 90A
38. Omission of ch 4, pt 4, div 2, hdg (Orders if offence not decided)
• 39 Omission of ss 92 and 92A
40. Omission of ch 4, pt 4, div 3, hdg (Advice of date of hearing)
• 41 Amendment of s 94 (Advice to owner of date of hearing)
• 42 Amendment of s 95 (Where application is to be decided)
• 43 Omission of ss 96 and 96A
44. Omission of ch 4, pt 5, divs 2 and 2A
• 45 Renumbering of ch 4, pt 5, div 3, hdg (Consideration of application if made for motorbike noise order offence)
• 46 Replacement of ch 4, pt 5, div 4, hdg (Other provisions about applications and orders)
• 47 Omission of ch 4, pt 5, div 3, sdiv 1, hdg (Community service orders)
• 48 Amendment of s 102 (Community service instead of impounding or forfeiture order)
• 49 Insertion of new ch 4, pt 5A, hdg
• 50 Replacement of ch 4, pt 5A, sdiv 2, hdg (Costs orders for child drivers)
• 51 Amendment of s 103 (Costs order for child drivers)
• 52 Amendment of s 104 (Application of applied sections for s 103)
53. Amendment of ch 4, pt 5A, sdiv 3, hdg (Offences)
• 54 Insertion of new ss 105A to 105F
55. Amendment of s 106 (Offence to modify, sell or dispose of motor vehicle before application decided)
• 56 Insertion of new s 106A
57. Replacement of s 107 (Defence) 58. Amendment of s 108 (Counting the occasions—general)
• 59 Amendment of s 108A (References to previous occasions in ss 81, 81B, 84, 85, 85A, 90, 90A and 91)
60. Amendment of s 108B (Matters for decisions under ss 85, 85A, 87, 87A, 90–93 and 96–99B and 101) 61. Amendment of s 110 (Powers for enforcing court order)
• 62 Amendment of ch 4, pt 6, div 1, hdg (Liability for cost of impounding)
• 63 Amendment of s 111 (State's liability to pay costs of impounding)
• 64 Amendment of s 112 (Liability to pay costs of impounding—adult driver)
• 65 Replacement of s 113 (Liability to pay costs of impounding—child driver)
• 66 Amendment of ch 4, pt 6, div 2, hdg (Release of impounded vehicle)
• 67 Amendment of s 116 (Release of motor vehicle impounded under s 74)
68. Amendment of s 117 (Release of motor vehicle if driver found not guilty etc.)
• 69 Amendment of ch 4, pt 6, div 3, hdg (Sale, transfer or disposal of impounded or forfeited motor vehicle)
• 70 Insertion of new s 118A
71. Amendment of s 119 (Voluntary transfer of ownership of motor vehicle to State)
• 72 Amendment of s 121 (Application of proceeds of sale)
• 73 Insertion of new s 121A
74. Amendment of s 122 (Protection from liability)
• 75 Amendment of s 123 (Third party protection from forfeiture order)
• 76 Replacement of s 752 (Interaction between ch 4 and this chapter)
• 77 Amendment of s 809 (Regulation-making power)
• 78 Insertion of new ch 24, pt 13
• 79 Amendment of sch 6 (Dictionary)
• 80 Other amendments
Part 3--Amendment of Corrective Services Act 2006
• 81 Act amended
• 82 Amendment of s 12 (Prisoner security classification)
• 83 Amendment of s 13 (Reviewing prisoner's security classification)
• 84 Insertion of new ch 7A, pt 6
SCHEDULE -- CONSEQUENTIAL AMENDMENTS OF THE POLICE POWERS AND RESPONSIBILITIES ACT 2000